Page 2112 - Week 07 - Thursday, 4 June 2015
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I thank the committee for their comments in relation to the treatment of human rights and maximum penalties in the explanatory statement. I also note the committee’s question in relation to strict liability offences, specifically whether an additional reasonable steps defence should be included in proposed subsection 39(1A) of the bill. I have considered the committee’s recommendation and today I am moving a government amendment that inserts a new clause 7B in the bill to provide a defence of reasonable steps at new subsection 39(3).
This amendment provides that a licensee does not commit an offence if their licence and/or authorisation certificate is subject to a condition and the licensee took all reasonable steps to comply with the requirement of the condition. The amendment also inserts a new note which clarifies that the defendant has an evidential burden in relation to the matters mentioned in subsection (3), which is in accordance with section 58 of the Criminal Code.
I am also presenting minor and technical amendments in proposed new clause 7A of the bill, which revises the note in section 39 to reflect that conditions can be imposed on licences and authorisation certificates. I have ensured that the amendments are consistent with standing order 182A. A copy of the amendments has been circulated to all Assembly members for their consideration. The government amendments are supported by a supplementary explanatory statement which I am tabling today. I note the committee’s feedback about the bill’s explanatory statement in relation to specific issues with the human rights analysis. The revised explanatory statement that I am tabling addresses those issues.
I believe I have taken a fair and balanced view of the committee’s comments in their scrutiny report and consider that I have appropriately addressed those through the formal government amendments, along with the supplementary statement and the revised explanatory statement being tabled here today.
Today is the end of many months of hard work that delivers a significant and far reaching package of reform aimed squarely at supporting the long-term viability of Canberra’s community clubs. I would briefly like to thank the officials that have worked on drafting these amendments and the work behind it. It is complicated. They have worked incredibly hard. I also thank the commission and indeed the clubs of the ACT for their contribution and their support through these reforms. As always, the government will continue to consult on measures that provide for a contemporary regulatory framework environment and build on viability for the future while retaining appropriate safeguards for the community.
Question put:
That this bill be agreed to in principle.
The Assembly voted—
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